Bill Text: NJ A619 | 2016-2017 | Regular Session | Introduced
Bill Title: Permits independent contractors to provide cosmetology and hairstyling services or ancillary services.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Regulated Professions Committee [A619 Detail]
Download: New_Jersey-2016-A619-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman JOSEPH A. LAGANA
District 38 (Bergen and Passaic)
SYNOPSIS
Permits independent contractors to provide cosmetology and hairstyling services or ancillary services.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning cosmetology and hairstyling and amending and supplementing P.L.1984, c.205
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1984, c.205 (C.45:5B-3) is amended to read as follows:
3. As used in this act:
a. "Barber" means any person who is licensed to engage in any of the practices encompassed in barbering.
b. "Barbering" means any one or combination of the following practices when performed on the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when performed for the general public, primarily for male customers:
(1) shaving or trimming of the beard, mustache or other facial hair;
(2) shampooing, cutting, arranging, relaxing or styling of the hair;
(3) singeing, dyeing, tinting, coloring, bleaching of the hair;
(4) applying cosmetic preparations, antiseptics, tonics, lotions or creams to the hair, scalp, face or neck;
(5) massaging, cleansing or stimulating the face, neck or scalp with or without cosmetic preparations, either by hand, mechanical or electrical appliances; or
(6) cutting, fitting, coloring or styling of hairpieces or wigs, to the extent that the services are performed while the wig is being worn by a person.
c. "Beautician" means any person who is licensed to engage in any of the practices encompassed in beauty culture.
d. "Beauty culture" means any one or combination of the following practices when performed on the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when performed for the general public, primarily for female customers:
(1) shampooing, cutting, arranging, dressing, relaxing, curling, permanent waving or styling of the hair;
(2) singeing, dyeing, tinting, coloring, bleaching of the hair;
(3) applying cosmetic preparations, antiseptics, tonics, lotions, creams or makeup to the hair, scalp, face, neck or upper part of the body;
(4) massaging, cleansing, or stimulating the face, scalp, neck or upper part of the body, with or without cosmetic preparations either by hand, mechanical or electrical appliances;
(5) removing superfluous hair from the face, neck, arms, legs or abdomen by the use of depilatories, waxing or tweezers, but not by the use of electrolysis;
(6) manicuring the fingernails, nail-sculpturing or pedicuring the toenails; or
(7) cutting, fitting, coloring or styling of hairpieces or wigs to the extent that the services are performed while the wig is being worn by a person.
e. "Board" means the New Jersey State Board of Cosmetology and Hairstyling.
f. "Board of Barber Examiners" means the State Board of Barber Examiners established pursuant to P.L.1938, c.197 (C.45:4-27 et seq.).
g. "Board of Beauty Culture Control" means the Board of Beauty Culture Control established pursuant to Chapter 4A of Title 45 of the Revised Statutes.
h. "Clinic" means a designated portion of a licensed school in which members of the general public may receive cosmetology and hairstyling services from registered students in exchange for a fee which shall be calculated to recoup only the cost of materials used in the performance of those services.
i. "Cosmetologist-hairstylist" means any person who is licensed to engage in the practices encompassed in cosmetology and hairstyling.
j. "Cosmetology and hairstyling" means any one or combination of the following practices when performed on the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when performed for the general public, for male or female customers:
(1) shaving or trimming of the beard, mustache or other facial hair;
(2) shampooing, cutting, arranging, dressing, relaxing, curling, permanent waving or styling of the hair;
(3) singeing, dyeing, tinting, coloring, bleaching of the hair;
(4) applying cosmetic preparations, antiseptics, tonics, lotions, creams or makeup to the hair, scalp, face or neck;
(5) massaging, cleansing or stimulating the face, neck or upper part of the body, with or without cosmetic preparations, either by hand, mechanical or electrical appliances;
(6) removing superfluous hair from the face, neck, arms, legs or abdomen by the use of depilatories, waxing or tweezers, but not by the use of electrolysis;
(7) manicuring the fingernails, nail-sculpturing or pedicuring the toenails;
(8) cutting, fitting, coloring or styling of hairpieces or wigs to the extent that the services are being performed while the wig is being worn by a person; or
(9) hairweaving to the extent that the procedure does not involve the replacement of human hair by means of the insertion of any natural or synthetic fiber hair into the scalp.
k. "Manicurist" means a person who holds a license to engage in only the practice of manicuring.
l. "Manicuring" means any one or combination of the following practices when performed on the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when performed for the general public, for male or female customers:
(1) manicuring of the fingernails;
(2) pedicuring of the toenails;
(3) nail sculpturing; or
(4) removing superfluous hair from the face, neck, arms, legs or abdomen by the use of depilatories, waxing or tweezers, but not by the use of electrolysis.
m. "Owner" means any person, corporation, firm or partnership who has a financial interest in a school or shop entitling him to participate in the promotion, management and proceeds thereof. It does not include a person whose connection with a school or shop entitles him only to reasonable salary or wages for services actually rendered.
n. "Practicing licensee" means any person who holds a license to practice barbering, beauty culture, cosmetology and hairstyling, manicuring or as a skin care specialist.
o. "Registered student" means a person who is engaged in learning and acquiring a knowledge of any of the practices included in the definition of cosmetology and hairstyling, including beauty culture, barbering, manicuring and skin care specialty, under the direction and supervision of a person duly authorized under this act to teach cosmetology and hairstyling and who is enrolled in a program of instruction at a licensed school of cosmetology and hairstyling, completion of which may render him eligible for licensure pursuant to this act but does not mean a person who is enrolled in a public school vocational program in cosmetology and hairstyling approved by the State Board of Education or in any other cosmetology and hairstyling program approved by the State Board of Education.
p. "Registration card" means a document issued by the board to a registered student upon receipt of documentation from a licensed school of cosmetology and hairstyling that the student is enrolled.
q. "School" means an establishment or place licensed by the board to be maintained for the purpose of teaching cosmetology and hairstyling, beauty culture, barbering, manicuring or skin care specialty to registered students.
r. "Senior student" means a registered student who has successfully completed one-half of the total hours of instruction required for licensure as a cosmetologist-hairstylist, beautician, barber, manicurist or skin care specialist in a licensed school of cosmetology and hairstyling, as determined by the board pursuant to regulation, or in any public school vocational training program approved by the State Board of Education.
s. "Student permit" means a permit issued to a senior student which enables him to practice cosmetology and hairstyling, beauty culture, barbering, manicuring or skin care specialty, as appropriate, based on the course of instruction in which the student is enrolled, in a school clinic or shop while a registered student at a licensed school of cosmetology and hairstyling or enrolled in an approved vocational training program.
t. "Shop" means any fixed establishment or place, other than a salon facility, where one or more persons engage in one or more of the practices included in the definition of cosmetology and hairstyling, barbering, beauty culture, manicuring or skin care specialty.
u. "Teacher" means any person who is licensed by the board to give instruction or training in the theory or practice of cosmetology and hairstyling, beauty culture, barbering, manicuring or skin care specialty.
v. "Temporary permit" means a permit issued to applicants for licensure awaiting scheduling or results of an examination.
w. (Deleted by amendment, P.L.2009, c.162)
x. "Skin care specialist" means a person who holds a license to engage in only the practices included in the definition of skin care specialty.
y. "Skin care specialty" means any one or combination of the following practices when performed on the male or female human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when performed for the general public, primarily for male customers:
(1) applying cosmetic preparations, antiseptics, tonics, lotions, creams or makeup to the scalp, face or neck;
(2) massaging, cleansing or stimulating the face, neck or upper part of the body, with or without cosmetic preparations, either by hand, mechanical or electrical appliances; or
(3) removing superfluous hair from the face, neck, arms, legs or abdomen by the use of depilatories, waxing or tweezers, but not by the use of electrolysis.
z. (Deleted by amendment, P.L.2009, c.162)
aa. "Independent contractor license" means a license issued or renewed to an applicant which allows the holder to lease space on the premises of a salon facility.
bb. "Salon facility" means any fixed establishment or place where independent contractors engage in one or more of the practices included in the definition of cosmetology and hairstyling, barbering, beauty culture, manicuring or skin care specialty.
(cf: P.L.2009, c.162, s.1)
2. Section 6 of P.L.1984, c.205 (C.45:5B-6) is amended to read as follows:
6. The board shall:
a. Review the qualifications of applicants for licensure;
b. Devise examinations for licensure which include practical and written portions;
c. Administer and grade examinations or employ competent examiners to administer and grade examinations but in no case shall the board permit a person having any affiliation with a licensed school to examine or grade an applicant who has been a registered student at the school with which the examiner has an affiliation;
d. Issue and renew licenses of any cosmetologist-hairstylist, beautician, barber, manicurist, skin care specialist, independent contractor, teacher, shop, salon facility, or school;
e. Issue student permits to senior students, which permits shall remain valid during the period that the student is registered at a licensed school or enrolled in an approved vocational training program;
f. Issue temporary permits to applicants for licensure who are awaiting scheduling for or results from an examination;
g. Issue registration cards to registered students;
h. Suspend, revoke or refuse to renew a license and exercise investigative powers pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.);
i. Appoint and employ an executive director and an assistant executive director subject to the approval of the Attorney General, and other employees as necessary to carry out the provisions of this act;
j. Determine the duties that the executive director and the assistant executive director shall perform;
k. File with the Attorney General a petition to remove any executive director or assistant executive director for cause, which petition shall be acted upon by the Attorney General in a manner which he deems appropriate;
l. Establish fees for initial licensure, permits, renewals and restoration of licenses as well as for duplication of lost licenses pursuant to section 2 of P.L.1974, c.46 (C.45:1-3.2);
m. Maintain records of all practicing licensees and all licensed teachers. Records shall include the latest work address of each licensee, as provided on applications for licensure and renewals thereof;
n. Maintain a record of all registered students and all persons holding student permits;
o. Maintain a record of all shops and salon facilities licensed by the board to offer one or more of the services encompassed within the definition of cosmetology and hairstyling;
p. Maintain a record of all schools licensed by the board to offer courses of instruction or training in the practice and theory of cosmetology and hairstyling, beauty culture, barbering, manicuring and skin care specialty to registered students, which courses shall be approved by the board for the awarding of credit for licensure;
q. Make available for public inspection all records required to be kept pursuant to this section;
r. Promulgate regulations governing the practice and teaching of cosmetology and hairstyling, beauty culture, barbering, manicuring and skin care specialty as are necessary to implement this act and to insure that cosmetology and hairstyling services and instruction in those services are being offered both in a manner which is sanitary and safe and in a manner which is not intended to deceive or mislead the general public;
s. Promulgate regulations governing the conduct of shops, salon facilities and schools as are necessary to implement this act and to assure that cosmetology and hairstyling services and instruction in those services are being offered both in a manner that is sanitary and safe, and in a manner not intended to deceive or mislead the general public, students of the schools, or organizations awarding financial aid to the students and to clarify or define any term used in the act and to define any activity included in hairstyling and cosmetology, beauty culture, barbering, manicuring and skin care specialty;
t. Review curricula offered by licensed schools in courses of instruction offered to registered students and approve those curricula which offer comprehensive training in cosmetology and hairstyling, beauty culture, barbering, manicuring and skin care specialty;
u. Direct the conduct of inspections or investigations of all licensed shops, salon facilities and schools;
v. Direct the conduct of inspections or investigations of any premises from which the board may have reason to believe that cosmetology and hairstyling, beauty culture, barbering, manicuring and skin care specialty services are being offered, or that courses of instruction are being offered to registered students; [and]
w. Establish criteria and standards for education and experience required for licensure; and
x. Maintain a record of all individuals holding independent contractor licenses.
(cf: P.L.2009, c.162, s.4)
3. Section 8 of P.L. 1984, c.205 (C.45:5B-8) is amended to read as follows:
8. No person shall offer or render any of the services encompassed within the definition of cosmetology and hairstyling, beauty culture, barbering, manicuring and skin care specialty services, in a place which is not licensed as a shop, salon facility or school, except that a practicing licensee, duly licensed pursuant to this act, may render the services which he is licensed to offer:
a. Upon patients in hospitals, nursing homes, and other licensed health care facilities;
b. Upon inmates and residents of institutions of the Department of Corrections or the Department of Human Services;
c. Upon an invalid or handicapped person in the person's place of residence, if the practicing licensee is sponsored by a licensed shop and a record of those services is maintained by that shop;
d. Upon performers or models, prior to, in anticipation of or during a performance; or
e. Upon potential consumers of cosmetic preparations, lotions, creams, makeup or perfume which are intended for home use if the application of the product is made for the purposes of effecting a retail sale and the person neither accepts payment from the consumer for the service, nor makes the provision of the service contingent upon the purchase of any product or service.
Nothing contained in this section shall be construed to preclude a student enrolled in a school of cosmetology and hairstyling licensed in this State, or in a public school approved by the State Board of Education to offer a vocational program in cosmetology and hairstyling, or a student enrolled in a cosmetology and hairstyling program approved by the State Board of Education, from engaging in any activities incident to the instruction provided in such school or program.
(cf: P.L.2009, c.162, s.6)
4. Section 9 of P.L.1984, c.205 (C.45:5B-9) is amended to read as follows:
9. No person, firm, corporation, partnership or other legal entity shall operate, maintain or use premises for the offering of or rendering of any one or more of the services encompassed in the definition of cosmetology and hairstyling, beauty culture, barbering, manicuring and skin care specialty without first having secured a shop or salon facility license from the board.
(cf: P.L.2009, c.162, s.7)
5. Section 12 of P.L.1984, c.205 (C.45:5B-12) is amended to read as follows:
12. In addition to any practice declared unlawful pursuant to P.L.1978, c.73 (C.45:1-14 et seq.), it shall be unlawful for any person to engage in the following practices:
a. Advertise in a manner which would tend to mislead consumers of cosmetology and hairstyling, beauty culture, barbering, manicuring or skin care specialty services;
b. Advertise, practice or attempt to practice under another's name or trade name;
c. Continue to practice while knowingly having an infectious, contagious or communicable disease which could reasonably be expected to be transmitted during the course of rendering cosmetology and hairstyling, beauty culture, barbering, manicuring or skin care specialty services;
d. Engage in fraudulent practices for the purpose of securing financial aid from any institution or agency offering that aid to students of cosmetology and hairstyling, beauty culture, barbering, manicuring or skin care specialty;
e. Aid, abet, or knowingly permit a person not licensed pursuant to this act to render any of the services encompassed within the definition of cosmetology and hairstyling, beauty culture, barbering, manicuring or skin care specialty;
f. Fail to display a practicing license at any place at which the licensee renders services; or
g. Engage in one or more of the practices included in the definition of cosmetology and hairstyling, beauty culture, barbering, manicuring or skin care specialty, in premises not licensed as a shop, salon facility, or a school, except as provided in section 8 of this act.
(cf: P.L.2009, c.162, s.10)
6. Section 35 of P.L.1984, c.205 (C.45:5B-35) is amended to read as follows:
35. Shop, salon facility and school licenses shall be renewed within 90 days following expiration. All shop licenses, salon facility licenses, and school licenses issued shall be renewable on a biennial basis on a date determined by the board. Applicants for renewal of school licenses shall provide satisfactory evidence that a bond required pursuant to section 32 of this act has been secured and shall remain valid through the next licensing period. No shop, salon facility or school license may be restored after 90 days and an application for initial licensure shall be submitted.
(cf: P.L.2009, c.162, s.26)
7. Section 36 of P.L.1984, c.205 (C.45:5B-36) is amended to read as follows:
36. A shop, salon facility or school owner shall notify the board prior to initiating a change of location, a change of ownership, or such other change as the board may determine pursuant to regulation. The shop, salon facility or school shall submit to the board an initial application for licensure. If a change of ownership results from the death or disability of a principal shareholder in a corporation, or partner in a partnership which holds a shop, salon facility or school license, the new owner shall notify the board within six months after the change has been effected. For purposes of this section, a change of ownership shall be deemed to have occurred if more than 50% of the outstanding stock or other financial interest is transferred.
(cf: P.L.2009, c.162, s.28)
8. (New section) a. An individual applying for an independent contractor license shall:
(1) Make application to the board on forms as it may require;
(2) Submit evidence to the board that he is a practicing licensee who has not less than three years of experience as a cosmetologist-hairstylist; and
(3) Pay a fee as required by the board.
b. The board shall promulgate rules and regulations relating to the information to be submitted for an independent contractor license, including information regarding an applicant's compliance with State and federal tax laws.
9. (New section) A person, corporation, firm or partnership intending to open a salon facility shall:
a. Make application to the board demonstrating that the physical premises of the facility shall contain: (1) not less than 5,000 square feet, with the facility consisting primarily of individual suites, each one of which shall be fully enclosed with a window, walls, a door and a ceiling, and equipped with a lock for the door, and be no smaller than 85 square feet; and (2) adequate bathroom facilities, as determined by the board, that shall be maintained by the salon facility;
b. Permit an inspection of the premises;
c. Pay a fee as may be required of the board;
d. Employ a manager, who shall be onsite at the facility, when it is operating, for not less than 35 hours a week; and
e. Maintain a list of all independent contractors leasing space, including the names of the lessees and their independent contractor license numbers, which information shall be supplied to the board, upon request.
10. (New section) No licensed salon facility shall enter into an arrangement with an independent contractor to lease space in the facility unless that contractor:
a. is a practicing licensee who has not less than three years of experience as a cosmetologist-hairstylist and has an independent contractor license;
b. agrees to accept responsibility for any violations, including health and safety violations, of P.L.1984, c.205 (C.45:5B-1 et seq.) incurred as a result of the independent contractor's activities in a salon suite occupied by that contractor; and
c. agrees that the salon suite occupied by that contractor, or up to a total of three contractors in that suite, shall be used exclusively by the contractor or contractors, as the case may be, throughout the terms of the lease agreement.
11. This act shall take effect on the 180th day next following enactment.
STATEMENT
This bill establishes two new licenses, to be issued by the State Board of Cosmetology and Hairstyling: an independent contractor license for qualifying individuals; and a license for a qualifying business to operate a facility, to be known as a salon facility, in which cosmetology and hairstyling services and ancillary services, may be offered. The bill permits an individual who holds an independent contractor's license to engage in a business arrangement entered into by a written contract whereby the individual leases a suite from the owner of a salon facility.
As stipulated in the bill, a person, corporation, firm or partnership intending to open a salon facility shall make application to the board demonstrating that the physical premises of the facility shall contain: (1) not less than 5,000 square feet, with the facility consisting primarily of individual suites, each one of which shall be fully enclosed with a window, walls, a door and a ceiling, and equipped with a lock for the door, and be no smaller than 85 square feet; and (2) adequate bathroom facilities, as determined by the board, that shall be maintained by the salon facility. In addition, the person, corporation, firm or partnership shall permit an inspection of the premises; pay a fee as may be required of the board; employ a manager, who shall be onsite at the facility, when it is operating, for not less than 35 hours a week; and maintain a list of all independent contractors leasing space, including the names of the lessees and their independent contractor license numbers, which information shall be supplied to the board, upon request.
An individual applying for a license as an independent contractor shall: make application to the board on forms as it may require; submit evidence to the board that he is a practicing licensee who has not less than three years of experience as a cosmetologist -hairstylist; and pay a fee as required by the board. In addition, the bill stipulates that the board shall promulgate rules and regulations relating to the information to be submitted for an independent contractor license, including information regarding an applicant's compliance with State and federal tax laws.
Furthermore, the bill provides that no licensed salon facility shall enter into an arrangement with an independent contractor to lease space in the facility unless that contractor: is a practicing licensee who has not less than three years of experience as a cosmetologist-hairstylist and has an independent contractor license; agrees to accept responsibility for any violations of P.L.1984, c.205 (C.45:5B-1 et seq.) incurred as a result of the independent contractor's activities in a salon suite occupied by that contractor; and agrees that the salon suite occupied by that contractor, or up to a total of three contractors in that suite, shall be used exclusively by the contractor or contractors, as the case may be, throughout the terms of the lease agreement.
